Which article of the Indian Constitution empowered the state to make special…

2021

Which article of the Indian Constitution empowered the state to make special provisions for the welfare of women and children?

  1. A.

    Article 15(3)

  2. B.

    Article 45

  3. C.

    Article 2

  4. D.

    Article 11

Attempted by 52 students.

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Correct answer: A

Article 15 of the Constitution prohibits the State from discriminating against any citizen on grounds of religion, race, caste, sex, or place of birth. Clause (3) of this very article carves out a deliberate exception to that general rule: it permits the State to make special protective provisions specifically for women and children, since treating everyone identically can itself perpetuate disadvantage for groups needing additional protection.

The stem asks which article empowers the State to make such special provisions for women and children -- that is exactly the content of Article 15(3), which permits the State to make special provision for women and children notwithstanding the general non-discrimination rule. This clause supplies the general constitutional foundation for protective and welfare legislation aimed at women and children, such as the Maternity Benefit Act; specific affirmative measures elsewhere in the Constitution, like the reservation of seats for women in Panchayats and Municipalities, rest on their own dedicated provisions (Articles 243D and 243T).

Checking the other constitutional articles offered confirms none of them fits the description:

  • Article 45 is a Directive Principle obligating the State to endeavour to provide early childhood care and education to children below six years -- an education mandate, not a general empowerment for protective legislation.

  • Article 2 empowers Parliament to admit or establish new States into the Union -- a provision about the federal structure, unrelated to welfare of women and children.

  • Article 11 concerns Parliament's power to regulate the right of citizenship by law -- a citizenship provision with no bearing on special provisions for women and children.

Hence, Article 15(3) is the article that empowers the State to make special provisions for the welfare of women and children.

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